This case has caught my eye this week, after being reported in the news. Earlier this year, a claim was issued in the Royal Court of Guernsey by Patricia Assersohn, against the estate of her late father Patrick Edge, and against her sister Angela Herst.
According to Patricia, Patrick Edge had long planned for his three children to share his £6m fortune equally after his death. His house in Guernsey, which should have formed part of this estate, was worth an estimated £3.5m. Patrick sadly died in January this year, and Patricia was surprised to learn after his death that not only did most of his cash and investments appear to have been given to Angela before he died, but she had also bought his home from him a few months earlier, for just £1.
A legal battle has therefore ensued and has now been started in the Court. Patricia is claiming that Angela used undue influence on their father to purchase the property for next to nothing, and to transfer cash and investments to her, before he died. As a result of these assets being transferred, they did not form part of his estate when he died, leaving a residue of only approximately £60,000 to be shared out.
Angela is strongly defending the claim and denying that she exerted any undue influence over her father. Not surprisingly, the sisters are no longer on speaking terms and have not met since the funeral. Their brother John, who has also been left with very little to inherit from the estate, has confirmed that he is not taking part in the legal case.
Angela has told the Daily Mail: “Transferring the house to me was my father’s choice – that is what he wanted. I adored my father, and he adored me. I will not malign or badmouth my sister, but my father knew something like this court case would happen, and did his best to protect his estate and me. Sadly he couldn’t do enough. He would be devastated by this whole tawdry affair.”
She also commented: “We’re not dealing with a frail old man here – he walked for three hours a day, and drank champagne every day until he was 95. He swung through the trees on a rope slide when he was 93, and climbed to Machu Picchu with me when he was 94. I also have doctors’ letters showing he was fully mentally alert.”
According to the report, Patricia’s legal team has argued that Mr and Mrs Edge made mutual wills which stipulated that the children would be equally treated. Therefore, the transfer of almost 99% of his estate prior to his death seems out of character and against the spirit of the mutual wills made by him and his wife.
As a solicitor specialising in Wills and Estates disputes, I can see that this particular case could be ongoing for some time. Cases of this complexity and of such a high value, can sometimes take many years to go through the legal system to give all of the parties the chance to find enough evidence to support their arguments.
This case also highlights that you can challenge transfers and gifts made by a person before they die, even if their Will itself is not being challenged. It is quite common for elderly people to transfer property and assets for tax purposes, but sometimes, they can be taken advantage of, or may not have mental capacity to make the transfer.
If you think you may need to challenge a person’s Will or any gifts they made during their lifetime, then contact our specialist litigation team who deal with inheritance disputes on 01942 777777. If you are of limited financial means, you may even be entitled to Legal Aid, and we can advise you of this quickly over the phone. We also offer a range of other funding options, if you are not eligible.
By contesting wills solicitor, Heather Korwin-Szymanowska
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